| Velasco v 34-06 73rd Street, LLC |
| Motion No: 2013-05922 |
| Slip Opinion No: 2013 NY Slip Op 77650(U) |
| Decided on June 24, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M158397
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2013-05922 Luis A. Velasco, et al., appellants, v 34-06 73rd Street, LLC, et al., respondents. (Index No. 27818/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay Horing Welikson & Rosen, P.C., counsel for the respondents, from transferring certain money being held in escrow, representing the down payment for the subject property, and to stay the respondent 34-06 73rd Street, LLC, from receiving or using that money pending hearing and determination of an appeal from a judgment of the Supreme Court, Queens County, entered April 15, 2013.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and Horing Welikson & Rosen, P.C., is stayed from transferring certain money being held in escrow, representing the down payment for the subject property, and the respondent 34-06 73rd Street, LLC, is stayed from receiving or using that money, pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 24, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 24, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
RIVERA, J.P., BALKIN, LOTT and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court